Terms of Use

TERMS OF USE AGREEMENT BETWEEN USER AND FLORIDA COUNSEL AND CONSULTING, INC.

This Website is comprised of various web pages created and operated by Florida Counsel and Consulting, Inc.  It is offered to you upon your acceptance of the terms, conditions and notices herein, without modification or exception.  Use of this Website constitutes your agreement to all such terms, conditions, and notices, including but not limited to this Terms of Use Agreement (the "Agreement").

MODIFICATION OF TERMS OF USE

Florida Counsel and Consulting, Inc. reserves the right to change the terms, conditions, and notices under which this Website is offered, including but not limited to the scope of use, options and charges associated with the use of the Website.

NOT LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

The information contained in this Website is provided for general information purposes only.  It is not legal advice and should not be relied upon or construed as legal advice. Information provided on this Website is not a substitute for obtaining competent legal advice from a licensed attorney in your state or other jurisdiction.  Further, the submission of an inquiry or email to Florida Counsel and Consulting, Inc., or any of its employees or agents through this Website, will not create an attorney-client or other privileged or confidential relationship and Florida Counsel and Consulting, Inc. is not obligated to respond to any inquiries. As communications through this Website will not create a confidential or privileged attorney-client relationship, please do not disclose any information to us that you wish to remain privacy and confidential.  All attorney-client relationships must be initiated either in person or through an engagement agreement signed by an authorized partner of Florida Counsel and Consulting, Inc.

PRIVACY

Certain information about you that you may submit or provide to Florida Counsel and Consulting, Inc. through this Website is subject to Florida Counsel and Consulting, Inc.’s Privacy Policy.  For more information about Florida Counsel and Consulting, Inc.’s use and of your Personal Information, please review Florida Counsel and Consulting, Inc.’s Privacy Policy by clicking here.

TERMINATION/ACCESS RESTRICTION

Florida Counsel and Consulting, Inc. reserves the right, in its sole discretion, to terminate your access to the Florida Counsel and Consulting, Inc. Website and the related services or any portion thereof at any time, without notice. 

UNLAWFUL OR PROHIBITED USE

As a condition for use of the Florida Counsel and Consulting, Inc. Website, you as the user warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  The Florida Counsel and Consulting, Inc. Website may not be used in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or other rights.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

THIRD PARTY LINKED SITES

This Website may contain links to other websites (the “Linked Sites”).   Linked Sites are not controlled or managed by Florida Counsel and Consulting, Inc. and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Florida Counsel and Consulting, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site.  Florida Counsel and Consulting, Inc. does not warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer, other Web-enabled device or any information accessed through or contained on such devices. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Florida Counsel and Consulting, Inc. of the Linked Site or any association with the Linked Site’s operators.

USE OF COMMUNICATION SERVICES

The Florida Counsel and Consulting, Inc. Website may contain forums, blogs, bulletin board services, chat areas, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate (collectively, our “Communication Services”).  Use of this Website and any of the Communication Services constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Violate any applicable laws or regulations.

Neither Florida Counsel and Consulting, Inc., nor any related owner or entity, is obligated to monitor the Communication Services.  However, Florida Counsel and Consulting, Inc. reserves the right to monitor the Communication Services including, but not limited to, reviewing materials posted to a Communication Service and removing any materials for any reason in its sole discretion. Florida Counsel and Consulting, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Florida Counsel and Consulting, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Florida Counsel and Consulting, Inc.’s sole discretion.

Use caution when providing any personally identifying information about yourself or your children in any Communication Service.  Florida Counsel and Consulting, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Florida Counsel and Consulting, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Florida Counsel and Consulting, Inc. spokespersons, and their views do not necessarily reflect those of Florida Counsel and Consulting, Inc.

TERMINATION/ACCESS RESTRICTION

   Florida Counsel and Consulting, Inc. reserves the right, in its sole discretion, to terminate your access to the Florida Counsel and Consulting, Inc. Web Site and the related services or any portion thereof at any time, without notice. 

MATERIALS PROVIDED OR POSTED TO ANY FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE:

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  Florida Counsel and Consulting, Inc. is not responsible or obligated to monitor the use of the Communication Services for uploading materials.  You are responsible for adhering to use limitations if you download the materials.

Florida Counsel and Consulting, Inc. does not claim ownership of the materials you provide to Florida Counsel and Consulting, Inc. (including feedback and suggestions) or post, upload, input or submit to this or any Florida Counsel and Consulting, Inc. Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Florida Counsel and Consulting, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Florida Counsel and Consulting, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Florida Counsel and Consulting, Inc.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


LIABILITY DISCLAIMER

THE SOFTWARE, PRODUCTS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. ALSO, CHANGES ARE PERIODICALLY ADDED TO THE WEBSITE INFORMATION.  FLORIDA COUNSEL AND CONSULTING, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE AT ANY TIME.  INFORMATION RECEIVED VIA THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FLORIDA COUNSEL AND CONSULTING, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  FLORIDA COUNSEL AND CONSULTING, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLORIDA COUNSEL AND CONSULTING, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE, WITH THE DELAY OR INABILITY TO USE OF THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLORIDA COUNSEL AND CONSULTING, INC. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  

IF YOU RESIDE IN OR CONTACT THIS WEBSITE FROM A STATE OR JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLORIDA COUNSEL AND CONSULTING, INC. WEBSITE.

INDEMNITY

You agree to defend, indemnify, and hold Florida Counsel and Consulting, Inc. and its affiliated entities, officers, directors, agents, and employees harmless from any third-party liability including, but not limited to, reasonable attorneys’ fees, arising from or related to your breach of the terms of this Agreement.

GENERAL TERMS AND CONDITIONS

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Florida Counsel and Consulting, Inc. Website. Use of the Florida Counsel and Consulting, Inc. Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation, this paragraph. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Florida Counsel and Consulting, Inc. as a result of this Agreement or use of the Florida Counsel and Consulting, Inc. Website. Florida Counsel and Consulting, Inc.’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Florida Counsel and Consulting, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Florida Counsel and Consulting, Inc. Website or information provided to or gathered by Florida Counsel and Consulting, Inc. with respect to such use. 

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Florida Counsel and Consulting, Inc. with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Florida Counsel and Consulting, Inc. with respect to this Website.  

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this Agreement and all related documents be drafted and presented in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  Any reference to or inclusion of the same does not constitute a commercial use of  any mark or association with the owner of that mark.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Florida Counsel and Consulting, Inc. Web Site are subject to the following: Copyright 2018 by FLORIDA COUNSEL AND CONSULTING, INC. and/or its suppliers.  All rights reserved.  Any rights not expressly granted herein are reserved.

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

Florida Counsel and Consulting, Inc. respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) a statement by you that you have a good faith belief that use of the material in the manner stated is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) your contact information, including your address, telephone number, and an email address.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated agent for notice of alleged copyright infringement relating to our site is:

SERVICE CONTACT
Lynn G. Franklin, Esq.
Florida Counsel and Consulting, Inc.
P.O. Box 784058
Winter Garden, FL 34778
Telephone Number of Designated Agent: (407) 210-3830
Email Address of Designated Agent: copyright[at]floridacounsel.com

SITE ADMINISTRATION

If you have comments or questions about the administration of this Website, please contact the Webmaster by email at info[at]floridacounsel.com.

EFFECTIVE DATE

The original effective date of this Agreement is August 28, 2018.


NOTE: substitute @ for [at] in email addresses as shown on this Website


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